Title III – Getting Specific

Webinar for new Title III SEA Directors

February 28, 2011March 1, 2011

Title III Group, OESE, SASA

Webinar Format• Overviews – topics: State-level administration/activities

Title III immigrant children & youth grants private school participation

fiscal requirementssupplement, not supplant

• Throughout the webinar - commonly asked questions, good practices & pitfalls – let’s discuss!

Advance Organizer…1. Should conducting technical assistance be considered an

‘administrative cost’ in my State-level Title III activities budget?

2. What did that recent letter from Dr. Melendez say about the definition of immigrant children and youth?

3. Must private schools in LEAs that receive Title III funds administer the State ELP assessment?

4. Can Title III funds be used to pay for students’ transportation?

5. What are those 4 questions that I should ask to make supplement, not supplant determinations?

State Level Administration

The State may reserve no more than 60% of the 5%, or $175,000, whichever is greater, for planning and administrative costs to administer the Title III program.

The remaining 40% of the SEA allocation may be used for professional development activities, planning, evaluation, technical assistance, and related activities, as well as providing recognition to subgrantees that have exceeded AMAOs.

State Level Administration – Administrative Costs

All staff who perform administrative functions must beincluded in SEA administrative costs. (exs: supervisors, administrative assistants, evaluators, etc. –

determinedby job function) Indirect costs are always considered administrativecosts.

State Level Administration

Completing CSPR report YES

Monitoring YES

Providing technical assistance NO

Working on evaluation report YES

Providing professional development NO

Computing the amount of LEA Title III grants YES

Let’s talk!Common questions,

good practices, & pitfalls

Immigrant Subgrants

How much?

How many?

For what?

To whom?

Length of grant

No more than 15 percent of the State’s total allocationAt least one* (unless evidence of a decline)

For allowable activities

To eligible entities in the State - special considerations(equitable services requirement too)

State determines

Immigrant Subgrants

The term ‘immigrant children and youth’ means individuals who-

(A) are aged 3 through 21; (B) were not born in any State; and (C) have not been attending one or more schools in any

one or more States for more than three full academic years. (Section 3301(6))

“Three full academic years” = cumulative

Immigrant Subgrants Calculations for determining “significant increase:” For immigrant subgrants awarded for school year 2010-2011, SEAs would calculate the average number of immigrant children and youth from school years 2007-2008 and 2008-2009, and compare that to the number of immigrant children and youth in the 2009-2010 school year.

Charter LEAs are included in calculations.

Activities should address the specific needs of immigrant children and youth (Sec.3115 (e)). Overall, funds are more “flexible” than regular LEA formula subgrant funds.

Private school students should be included in the calculations.

Let’s talk!Common questions,

good practices, & pitfalls

Providing Services to English Learner Students in Private Schools under Title III

timely& meaningful consultation

eligibilityInformation sharing

Identification of students

consultation

written plan

services

evaluate

Services to English Learner Students in Private Schools under Title III – Types of Activities

• Administration of English language proficiency (ELP) assessment for identification and/or for purpose of evaluation of effectiveness of services (test booklets, teacher training, stipends to teachers to administer assessments)

• Participation in district-sponsored professional development (PD), or PD organized specifically for the private school teachers

• Tutoring for students after school hours• Participation of students in a weekend program• Purchase of supplemental instructional materials and

supplies

Provision of Title III Services to LEP Students in Private Schools

Annual ELP assessments:

Title III does not require LEAs to administer theirState’s annual English language proficiency assessments for

identified English language learners in private schools.

However, LEAs are required under Title IX uniform provisions toconsult with the private school officials about:

• how the Title III, Part A services provided to private schools and teachers will be assessed, and

• how the results of the assessment will be used to improve those services. (section 9501(c)(1)(D))

Let’s talk!Common questions,

good practices, & pitfalls

Use of Federal Funds - Criteria

Costs must be…

reasonableA cost is reasonable if, in its nature and amount, it does not

exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

allocableA cost is allocable to a cost objective if the goods or

services involved are chargeable or assignable to the cost objective in accordance with the relative benefits received.

allowableA cost is allowable if it is necessary and reasonable for

proper and efficient performance of the award and allocable to the award.

(OMB Circular A-87)

Title III 2% Cap on Administrative Costs

• Districts have a limit of 2% of the Title III grant award for administration. (section 3115(b))

• Administration = administrative costs + indirect costs

Examples of administrative costs:support staff, coordinators, & other personnel that

performadministrative functions

• Indirect costs = organization-wide costs 1) incurred for a common or joint purpose benefiting more than one cost objective, and 2) not readily assignable to the cost objectives specifically benefitted

Example of indirect costs: utility costs

(Source: OMB Circular A-87)

Administrative Costs • Administrative costs are associated with the overall project management and

administration and which are not directly related to the provision of services to participants or otherwise allocable to the program cost objectives/categories.

• Two types of administrative costs: – personnel & non-personnel– direct & indirect

• Administrative costs include those activities that pertain to establishing and administering policy for operating the LEA or with handling the overall administrative responsibilities for an LEA and program. Examples: Personnel – salaries & benefits for office assistants, clerks, accounting, data processing, contracted professional services, such as auditors

(Source: 1997 USDOE Indirect Cost Determination Guidance forState and Local Government Agencies)

What are Indirect and Direct Costs?Indirect costs represent the expenses of doing business that are not readilyidentified with a particular grant, contract, project function or activity, but arenecessary for the general operation of the organization and the conduct ofactivities it performs. Direct costs can be identified specifically with particular cost objectives suchas a grant, contract, project, function or activity. Direct costs usually include:• Salaries and wages (including vacations, holidays, sick leave, and other excused

absences of employees working specifically on objectives of a grant or contract – i.e., direct labor costs).

• Other employee fringe benefits allocable on direct labor employees. • Consultant services contracted to accomplish specific grant objectives. • Travel of employees. • Materials, supplies and equipment purchased directly for use on a specific grant or

contract. • Communication costs such as long distance telephone calls or telegrams identifiable

with a specific award or activity. (Source: USDE OCFO FAQs:http://www2.ed.gov/about/offices/list/ocfo/fipao/abouticg.html)

Let’s talk!Common questions,

good practices, & pitfalls

Supplement, not Supplant Requirement - General• Title III funds must be used to supplement

the level of Federal, State and local funds that, in the absence of Title III funds, would

have been expended for programs for limited English proficient (LEP) students and immigrant children and

youth. (section 3115(g))

• Any determination about supplanting is fact-specific, and it is difficult to provide general guidelines without examining the details of a situation.

Supplement, not Supplant Requirement - GeneralThe First Test of Supplanting:

Required by LawThe Department assumes supplanting exists if –

An LEA uses Title III funds to provide services that the LEA is required to make available under State or local laws, or other Federal laws.

The Second Test of Supplanting: Prior Year

The Department assumes supplanting exists if –An LEA uses Title III funds to provide services that the LEA provided in the prior year with State, local or

other Federal funds.This assumption can be rebutted.

• Budget cuts were made in a number of areas, not just services for LEP students; and,

• There was in fact a reduced amount of State or local funds to pay for this activity/position; and

• The LEA made the decision to eliminate the position/activity without taking into consideration Federal funds.

To refute the “prior year” test of supplanting, the LEA would need to have contemporaneous

records to confirm…

Supplement, not Supplant – ELP Assessment

• Neither Title I nor Title III funds may be used to develop or administer ELP assessments for identification and placement purposes, except that Title III funds may be used for identification & placement assessments for private school students (if the use of such funds would not supplant other Federal, State or local funds that may be used for such purposes.)

• Title I and Title III funds may not be used to administer State ELP assessments for progress.

Let’s talk!Common questions,

good practices, & pitfalls

Advance Organizer…Answers1. Should conducting technical assistance be considered an ‘administrative

cost’ in my State-level Title III activities budget? No – TA fits into the 40% of the SEA allocation – not the admin portion.

2. What did that recent letter from Dr. Melendez say about the definition of immigrant children and youth?

Three full academic years of enrollment = cumulative years for the purpose of the Title III immigrant children and youth grant program.

3. Must private schools in LEAs that receive Title III funds administer the State ELP assessment?

No – LEAs must conduct timely & meaningful consultation about how effectiveness of services will be assessed.

Advance Organizer…Answers4. Can Title III funds be used to pay for students’ transportation? Only if the transportation is supplemental and for a Title III-funded activity.

5. What are those 4 questions that I should ask to make supplement, not supplant determinations?

What is the instructional program/service provided to all students?

What does the LEA do to meet Lau requirements?

What services is the LEA required by other Federal, State, and local laws or regulations to provide?

Was the program/service previously provided with State, local, and Federal funds?

THE ENDSurvey monkey link – evaluation

forthcoming